NORTHERN CALIFORNIA INNOCENCE PROJECT SCREENING QUESTIONNAIRE Revised 5/03 Please return to: NCIP, 500 El Camino Real, Santa Clara, CA

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Shawn Burke
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1 This questionnaire is also available in Spanish and Vietnamese. If you would like a copy of the questionnaire in Spanish or Vietnamese, please return the questionnaire without filling it out and check the appropriate box: Me gustaría una copia de este cuestionario en Español NORTHERN CALIFORNIA INNOCENCE PROJECT SCREENING QUESTIONNAIRE Revised 5/03 Please return to: NCIP, 500 El Camino Real, Santa Clara, CA NAME: PRISON INMATE (CDC) #: ADDRESS: SOCIAL SECURITY #: DOB: SUPERIOR COURT CASE # APPELLATE CASE # DATE OF CONVICTION COUNTY OF CONVICTION PRESUMPTIVE PAROLE DATE PRISON COUNSELOR, NAME AND NUMBER INSTRUCTIONS: Please answer, as fully as you can, all of the questions that apply to your case. The more information we have, the better we can assess your case. I. GENERAL INFORMATION About Your Case 1. What Were You Convicted Of? [Please check all that apply and include the California Penal Code cite (PC )] Murder (PC ) Attempted Murder (PC ) Sexual Assault/Rape (PC ) Burglary (PC ) Robbery (PC ) 1

2 Sexual Assault on a Minor (PC ) Arson (PC ) Enhancements: (PC ) Other _(PC ) 2. What Was Your Sentence? 3. Are You Innocent Of These Crimes? About You 4. What Is Your First Language? 5. What Is The Highest Grade Level You Completed In School? 6. Please Provide a Complete List of Prior Convictions With Dates of Convictions and Sentences Prior Conviction Date Sentence II. ATTORNEY INFORMATION 7. Your Trial Attorney: (if you had a different attorney pre-trial, please also include his/her name) Name: Address: Telephone: 2

3 8. Your Appellate Attorney (for your direct appeal) Name: Address: Telephone: 9. Your State Habeas and/or Federal Habeas Attorney(s) Name(s): Address(es): Telephone(s): 10. Prosecution s Trial Attorney/ District Attorney (if you had a different DA pretrial, please also include his/her name): Name: Address: Telephone: 11. Prosecution s Appellate Attorney/ Deputy Attorney General Name: Address: Telephone 12. Trial Judge: Name: Court Location: III. CASE INFORMATION 13. Date Of Alleged Crime: 14. Name(s) Of Alleged Victim(s): 15. Race of Victim(s) Perpetrator(s) (if known) You 16. Names of the Police Officers Who Investigated the Alleged Crime: 17. Date Of Your Arrest: 3

4 18. Why Do You Think You Were Arrested? 19. Did You Know the Alleged Victim(s)? Yes No If yes, how did you know the victim(s)? 20. Did The Alleged Victim(s) Identify You As The Person Who Did The Crime? Yes No If yes, when and how? (Example: At the scene of the crime, line up, photograph identification, in court, other) 21. Did Anyone Else Identify You As The Person Who Did The Crime? Yes No If yes, who, when and how? Did that person/people testify at trial? Yes No 22. Did The Police Ever Interview You? Yes No If yes, how long did the interview last? If yes, what did you say to the Police? 23. Did You Confess to the Crime? Yes No If yes, was that confession used at trial? Yes No 4

5 IV. BIOLOGICAL EVIDENCE AND TESTING INFORMATION 24. Was Any Physical And/Or Biological Evidence (e.g., blood, hair, fingerprints, saliva, cigarette butts, fibers, tire tracks, gun, etc.) Recovered From the Crime Scene? Yes No If yes, please describe: 22. Was Any Physical And/Or Biological Evidence (e.g. bodily fluids, blood, saliva, semen, sperm, hair, fibers, etc.) Obtained From the Victim(s) or the Victim s Clothing? Yes No If yes, please describe. 23. Was Any Physical And/Or Biological Evidence (e.g. bodily fluids, blood, saliva, semen, sperm, hair, fibers, etc.) Obtained From You or Your Clothing? Yes No If yes, please describe. 24. Was Any Testing Done On The Physical/ Biological Evidence? Yes No If yes, who arranged to have the testing done? Prosecution Defense Both 25. Who Did The Testing? (Name, Address, Phone Number) 26. What Kind Of Testing Was It? (e.g., blood type, DNA testing) 27. What were the results? 5

6 28. Were the Results of the Tests Used at Trial? Yes No 29. Since Your Conviction, Has Any Additional Testing Been Done On The Physical/Biological Evidence? Yes No If yes, what kind of testing, by whom and when? Have you used these results in any post conviction court filings? 30. Have You Previously Filed A Motion for DNA Testing Pursuant to California Penal Code 1405? Yes No If yes, when did you file it? What happened to the motion? V. TRIAL INFORMATION IF YOU WENT TO TRIAL, PLEASE ANSWER THE FOLLOWING QUESTIONS: (If you pled guilty, please skip to question #39 ) 31. Briefly Describe the Prosecution s Theory of Your Case at Trial: 32. Who Testified For The Prosecution? (Please list their names and their relationship to the case) 6

7 33. Did the Alleged Victim(s) Testify? Yes No If yes, what did the alleged victim say? 34. Did Any Experts (doctor, psychiatrist, criminalist, scientist, etc.) testify for the Prosecution? Yes No If yes, who were they and what did they testify about? 35. Briefly Describe the Defense s Theory of Your Case at Trial 36. Who Testified For The Defense? (Please list their names and what they testified about) 37. Did any Experts (doctor, psychiatrist, criminalist, scientist, etc.) testify for the Defense? Yes No If yes, who were they and what did they testify about? 7

8 38. Did You Testify? Yes No If yes, what did you say? IF YOU PLED GUILTY AND DID NOT GO TO TRIAL PLEASE ANSWER THE FOLLOWING QUESTIONS: (If you went to trial, please skip to question #40) 39. Why Did You Plead Guilty? VI. #44) APPELLATE AND HABEAS INFORMATION (if you did NOT appeal or file for other post conviction relief, please skip to question 40. What Court Heard Your First Appeal? What happened? 41. Did You File a Petition for Review with California Supreme Court? Yes No If yes, what happened? 42. Have You Filed A Petition for Writ of Habeas Corpus in State Court? Yes No 43. Have You Filed a Petition for Writ of Habeas Corpus in Federal Court? Yes No If yes, how many have you filed? Who filed them? You (Pro Per) Attorney: What happened? 8

9 VII. NEW EVIDENCE 44. What New Evidence Exists That You Think Will Prove Your Innocence? 45. Have You Presented This Evidence Before to a Court? Yes No If yes, when did you present it before and what happened? 46. Would You Be Willing To Submit To A DNA Test Knowing That The Test Could Confirm Your Innocence or Your Guilt? Yes No 47. List All Evidence In Your Case That You Think Can Be Subjected To A DNA Test (and explain how the test will prove your innocence) 48. Do You Know Where This Evidence Is Located Now? 49. Is There Anyone Who Can Prove Your Innocence? Yes No 9

10 If yes, who is this person(s) and how can they prove your innocence? How can we reach them? (please provide addresses, telephone numbers) 50. Did This Person(s) Already Testify At Your Trial? Yes No If yes, how would their testimony be different now? If no, why didn t they testify? 51. Would You Be Willing To Submit To A Lie Detector Test To Assist In Proving Your Innocence? Yes No 10

11 VIII. DOCUMENTATION (Check those documents you can make available to us. Please send us the appellate briefs, the appellate opinion, and any lab reports with this questionnaire. Please do not send us anything else until we specifically request it) 52. Hearing Transcript(s) 53. Trial Transcript(s) 54. Police Report(s) (Please describe): 55. Laboratory Report(s) (Please describe): 56. Appellate Briefs: (Please send with Questionnaire) Appellant s Opening Brief (defense) Respondent s Brief (prosecution) Appellant s Reply Brief Court of Appeal Opinion Petition for Review 57. Other Post-Conviction Documents: (Please describe): 58. Please Give Names, Addresses And Phone Numbers Of Family And Friends Who Have Information Regarding Your Case: 59. What Other Information Would Be Helpful For Us To Know About Your Case? 11

GUIDELINES FOR COMPLETING QUESTIONNAIRE

GUIDELINES FOR COMPLETING QUESTIONNAIRE 1. Before completing the questionnaire please note: You must not be currently represented by counsel and the crime and conviction must have occurred in Michigan.